By:  LINDSEY O’NEILL, ESQ.

A new study by the Department of Health & Human Services’ (HHS) Agency for Healthcare Research and Quality (AHRQ) found that 1 of every 10 patients who died within 90 days of surgery did so because of a preventable medical error.  The study also found that preventable medical errors cost nearly $1.5 Billion annually.  (Find the study in the July 28 issue of the journal Health Services Research.)

Medical errors are unfortunately all too common.  Generally, a medical error is a mistake in the care of a patient, or a medical care plan of action that doesn’t achieve the intended outcome.  Often, preventable errors result from staff failure to follow standard policies and procedures, whether at the hospital, your doctor’s office, at the pharmacy, surgery centers, or other clinics.  Remember when Dennis Quaid’s newborn twins suffered from a “preventable medical error” after being accidentally given 10,000 units of a blood-thinning drug instead of the standard 10 units?

Many suggest that at least some medical errors may be due to the lack of sleep healthcare workers commonly suffer.  After being on duty for several hours at a time, often up to 36 hours or more, physicians, nurses and other medical staff may be at higher risk for making errors.  Also, with a high patient load, medical workers often aren’t able to communicate as well, or as regularly, with their patients as they would if they had fewer patients.  After all, the folks who work in the healthcare industry are often incredible people…. and only human.  While we hold them to a higher standard of care than any of us hold ourselves…. they aren’t perfect.

Many states have enacted “apology laws” for healthcare workers.  The intention of these laws is to prevent a doctor’s apology, expressions of regret, sympathy or compassion from being used against him or her in court.  Otherwise, such an apology could be considered an “admission of liability” in medical malpractice lawsuits. The intention is to encourage physicians and other healthcare providers to apologize to patients when a medical error occurs.

In addition, many hospitals have implemented policies to waive the cost of medical bills involving medical error.   Medical procedures can be very expensive!  Can you imagine getting the wrong surgery… and having to pay for it?  Twice?  (Once to have it done wrong, and once to correct it)

How would you feel?  If you or someone you love has been injured by a preventable medical error, maybe even of the kind that results in unnecessary death, would you want an apology from the doctor or medical worker who made the mistake?  Would hearing an apology – an acknowledgment that a mistake was in fact made – make you more or less likely to sue?  Do you think it’s fair to have to pay for improper medical care?

For related information, see the AHRQ Patient Fact Sheets:  20 Tips to Help Prevent Medical Errors and 5 Steps to Safer Health Care.  See also the AHRQ’s brochure on Ways YOU Can Help YOUR Family Prevent Medical Errors.

If you have been the victim of medical malpractice, medical negligence, or have suffered from a medical error, contact an attorney to discuss what legal options may be available to you.  A medical malpractice attorney may be able to help you get a portion of your medical costs waived (perhaps at least the portion related to the erroneous care) and may be able to get you compensation for your injuries.